Service provision changes

A service provision change is a situation on a TUPE transfer in which activities cease to be carried out by a contractor on a client's behalf and are carried out instead by a subsequent contractor on the client's behalf.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 introduced into UK statute for the first time a definition of a service provision change for transfer of undertakings purposes.

Furlough: updated guidance confirms TUPE and overseas citizens’ eligibility

Employees who were transferred to another organisation under TUPE after 28 February 2020 are eligible for furlough, the government has...

TUPE: Do employers need to consider ‘workers’?

28 Nov 2019

The legal distinction between employee and worker usually focuses on rights such as leave and pay, but what happens in...

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Setting up a Community Interest Company: what are the HR challenges?

25 Nov 2019

Community Interest Companies (CICs) are becoming a more popular option for running heritage sites or similar organisations transferring out of...

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Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

2 May 2019

The annual increase to the limits on compensation that can be awarded in an...

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Hospital maintenance

TUPE or not TUPE? NHS Trust did not unfairly dismiss workers

22 Feb 2019

An employment tribunal has found that a hospital trust did not unfairly dismiss 13 maintenance workers because they had not...

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TUPE and service provision change: What happens if a service is fragmented?

25 Sep 2018

Service provision change is a notoriously thorny area of TUPE transfer law. But it can become even more complex where...

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TUPE abattoir case decision reinforces activity rules

18 Sep 2017

The recent decision on Anglo Beef Processors UK v Longland is the latest TUPE case to confirm the rules on...

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TUPE  service provision change: case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”

30 May 2017

The case of Tees Esk & Wear Valleys NHS Foundation Trust v Harland.underlines the principle that for TUPE to apply...

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Labour manifesto 2017: what employers need to know

17 May 2017

The Labour Party’s official manifesto has been released today and includes some of the most radical changes to employment legislation...

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Common sense needed in TUPE service provision changes

21 Feb 2017

A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not...

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Two groups of people meeting

Case shows TUPE service provision changes only apply to group providing service immediately before the transfer

6 Sep 2016

Dr John McMullen explains how the “principal purpose” test in TUPE service provision changes relates to an organised grouping of...

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TUPE case confirms obligations apply to multiple providers

14 Jun 2016

TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr...

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What would happen to TUPE if the UK left Europe?

3 May 2016

As part of our series of articles looking at the impact of a potential Brexit on employers and their legal...

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TUPE service provision change: lay off does not prevent organised group of employees

22 Jan 2016

Laying off employees before a service provision change does not necessarily...

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What FAQs did HR tune into last month?

Top 10 HR questions in April 2015: TUPE

1 May 2015

Employers often want to harmonise terms and conditions if they inherit employees as a result of a TUPE transfer. Are...

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